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WASHINGTON, D.C. – Yesterday, America First Legal, with co-counsel Christopher Mills, filed an amicus brief in West Virginia v. B.P.J., urging the U.S. Supreme Court to reverse a Fourth Circuit ruling that redefined “sex” under Title IX to mean “gender identity.”
At stake is nothing less than the future of girls’ sports, privacy, and equal opportunity. The Fourth Circuit’s decision guts Title IX, forcing schools to open otherwise closed bathrooms, locker rooms, and teams to anyone at any time based on their self-proclaimed gender identity. If allowed to stand, it will strip away decades of hard-fought protections and endanger female athletes and students nationwide.
In its brief, AFL clarifies that Congress enacted Title IX to secure equal opportunity for females by recognizing biological differences. The creation of girls’ sports teams, bathrooms, and locker rooms was not accidental; it was a deliberate safeguard. The Fourth Circuit’s ruling eschews biology and privacy, endangers girls, and rewrites the law in ways Congress never authorized.
The dangers aren’t rhetorical. AFL’s lawsuits in two Northern Virginia school districts show how policies borne out of nonsensical decisions play out in reality. Fairfax County Public Schools told a female student to use a private restroom while allowing a male to use the female restroom, and had the audacity to claim that its action was justified by Title IX and the U.S. Constitution. And in Loudoun County, male students were deemed guilty of Title IX “sexual harassment” for complaining about a girl repeatedly entering the boys’ locker room. Both cases demonstrate the chaos unleashed when ideology is used to replace common sense and ignore clear law.
“This case is about whether the law honors reality or imposes ideology. Title IX has always protected girls by recognizing biological differences. The Fourth Circuit’s ruling discards those protections and demands that schools ignore reality. We are confident that the Supreme Court will make the right decision,” said Gene Hamilton, President of America First Legal.
“Our cases in Fairfax and Loudoun Counties show what happens when schools prioritize ideology over reality. Girls lose their privacy, boys get punished for speaking out, and students across the board are less safe. And Northern Virginia’s school districts refuse to rescind their delusional policies until the Supreme Court addresses Title IX, even in the face of losing millions in federal funding. Well, those school districts will get their wish because we have put their policies before the Supreme Court in a case that will hopefully end this illegal, state-sponsored insanity,” said Ian Prior, Senior Counsel at America First Legal.
Read the brief here.
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